Pub. L. 110-181, div. A, tit. VI, subtit. G, sec. 674

OVERSEAS NATURALIZATION FOR MILITARY SPOUSES AND CHILDREN.

EnactedYear: 2008Length: 408 wordsOfficial source
SEC. 674. OVERSEAS NATURALIZATION FOR MILITARY SPOUSES AND CHILDREN.(a) Spouses.—Section 319 of the Immigration and Nationality Act (8 U.S.C. 1430) is amended by adding at the end the following new subsection:“(e)(1) In the case of a person lawfully admitted for permanent residence in the United States who is the spouse of a member of the Armed Forces of the United States, is authorized to accompany such member and reside abroad with the member pursuant to the member’s official orders, and is so accompanying and residing 122 STAT. 186 with the member in marital union, such residence and physical presence abroad shall be treated, for purposes of subsection (a) and section 316(a), as residence and physical presence in—“(A) the United States; and“(B) any State or district of the Department of Homeland Security in the United States.“(2) Notwithstanding any other provision of law, a spouse described in paragraph (1) shall be eligible for naturalization proceedings overseas pursuant to section 1701(d) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 8 U.S.C. 1443a).”.(b) Children.—Section 322 of the Immigration and Nationality Act (8 U.S.C. 1433) is amended by adding at the end the following new subsection:“(d) In the case of a child of a member of the Armed Forces of the United States who is authorized to accompany such member and reside abroad with the member pursuant to the member’s official orders, and is so accompanying and residing with the member—“(1) any period of time during which the member of the Armed Forces is residing abroad pursuant to official orders shall be treated, for purposes of subsection (a)(2)(A), as physical presence in the United States;“(2) subsection (a)(5) shall not apply; and“(3) the oath of allegiance described in subsection (b) may be subscribed to abroad pursuant to section 1701(d) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 8 U.S.C. 1443a).”.(c) Overseas Naturalization Authority.—Section 1701(d) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 8 U.S.C. 1443a) is amended—(1) in the subsection heading, by inserting “and Their Spouses and Children” after “Forces”; and(2) by inserting “, and persons made eligible for naturalization by section 319(e) or 322(d) of such Act,” after “Armed Forces”.(d) Effective Date.—The amendments made by this section shall take effect on the date of enactment of this Act and apply to any application for naturalization or issuance of a certificate of citizenship pending on or after such date.
Pub. L. 110-181, div. A, tit. VI, subtit. G, sec. 674: OVERSEAS NATURALIZATION FOR MILITARY SPOUSES AND CHILDREN. | Justis AI